I always thoroughly enjoy reading your posts like this, very informative and educational indeedsecret.simon wrote:CR001, thanks for the compliment. <<blushing furiously>>
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I always thoroughly enjoy reading your posts like this, very informative and educational indeedsecret.simon wrote:CR001, thanks for the compliment. <<blushing furiously>>
I think Wanderer is likely to be right. It's hard to get asylum from India at the best of times, and well-educated couple who can support each other and their baby and move anywhere in India aren't among the very few who might qualify.Wanderer wrote:There are no grounds for a genuine asylum claim here.tanya27 wrote:Hi everyone, many thanks for posting all your replies for my earlier question. Now I have another question with regard to my stay in UK. On reading all your replies I understand my visa may not be extended based on delivery. So we are thinking of another angle. My partner and I are from different religions. He is a Hindu and I'm a Christian. We both are from India. As my Tier 4 visa expires on Feb 2016, we are planning to submit application claiming asylum as we are from different religions and our lives will be in danger, esp. the baby's, if we move to India. My partner is in dependent visa. Please advise me the possibilities. I request you all to treat my question with respect. Thank you.
The Home Office is clearly aware of such a scenario occurring however, iIt's already been explained to you (last year) that such an extension is not possible.tanya27 wrote:Hi everyone, thank you for all your time and valuable advice on my situation. As of now, I'm pregnant and my baby is due on 26 Jan. Unfortunately we received a visa curtailment letter from HO stating we have to leave by 31 Jan (actual visa expires on 26 Feb). But I would have just delivered my baby at the said date. So, what would I do now? Will I be allowed to stay for a couple of months? My univ have washed their hands, no help from them. Getting such letter from HO means my univ has taken off its sponsorship? I'm not so strong physically. I think I can get a letter from my GP stating I won't be able to travel at this stage. Will I be able to extend my visa without sponsor based on medical reasons, for instance, my delivery? Please advise. Bottomline, we would like to extend or get a visa for another year without leaving UK.
If you are a Tier 4 migrant and you are pregnant, it is very important that you talk to an immigration adviser as soon as possible. If you find you need to interrupt your studies due to pregnancy, you and any dependants will normally need to leave the UK, then apply for new Tier 4 entry clearance in order to return to the UK and resume studies
No. It doesn't take 6-8 months to recover from giving birth. Unless there are major complications of course. You will also not be eligible for any free NHS after the date on your curtailment letter and will have to pay private patient rates (150% of NHS prices) for everything for you and your baby.we would like to know if we will be permitted to say at least 6-8 months in UK after delivering our baby
YesWill we be considered illegal if we stay beyond 31 Jan as per HO letter?
Please listen to advice already given, you have zero grounds to remain, you visa is invalid.tanya27 wrote:Hi everyone, as my baby is due on 26 Jan, we would like to stay at least for 6 months in UK to regain health. But my visa, as stamped in my passport, expires on 26 Feb. And now we've received visa curtailment letter from Home Office asking us to leave UK by 31 Jan. No support from Univ as well. At this stage, we would like to know if we will be permitted to say at least 6-8 months in UK after delivering our baby. Will we be considered illegal if we stay beyond 31 Jan as per HO letter?
tanya27 wrote:Thanks all. Your advice helps me understand our situation. Babycentre link has given tips for safe travelling with baby. In this regard, I should be getting a passport for my baby before travelling to India. Suppose I deliver my baby on 26 Jan, we both should be fit for travel after a couple of weeks. Then we have to take baby to embassy to get passport and I think we will receive it after some weeks. All these recovery and passport processes itself will take at least a couple of months after I deliver my baby. But visa curtailment date is 31 Jan. If you say we would be illegal after 31 Jan, we can defend our stay based on my health and for getting passport for baby, right? Will a letter from GP be enough to support our stay here? And regarding NHS charges, how do NHS know of my visa curtailment, unless and until I inform them?
Unless you have specific health problems following the birth of your baby, your GP will be unable or reluctant to certify that you are unfit to travel. Whether the issue of the passport for your baby is delayed or not, doesn't change the fact that you will be here illegally as you were aware of the curtailment but chose not to adhere to the terms, or act on advise given on the forum.tanya27 wrote:Thanks all. Your advice helps me understand our situation. Babycentre link has given tips for safe travelling with baby. In this regard, I should be getting a passport for my baby before travelling to India. Suppose I deliver my baby on 26 Jan, we both should be fit for travel after a couple of weeks. Then we have to take baby to embassy to get passport and I think we will receive it after some weeks. All these recovery and passport processes itself will take at least a couple of months after I deliver my baby. But visa curtailment date is 31 Jan. If you say we would be illegal after 31 Jan, we can defend our stay based on my health and for getting passport for baby, right? Will a letter from GP be enough to support our stay here? And regarding NHS charges, how do NHS know of my visa curtailment, unless and until I inform them?
And given that you have been asking the same question over and over since 30 July 2015 and been given the same advice over and over, you have had more than enough time and opportunity to make arrangements and leave the UK given your circumstances.by tanya27 » Thu Jul 30, 2015 9:41 am
Hi, I've come from India with my husband. I got enrolled in an university and my visa expires on February 2016. Now I'm pregnant and due date is 30 January 2016. Please advise if I will be allowed to extend my visa after my delivery, at least for 6 months. We're planning to settle down as well after some time. Will we be allowed to make an application based on the birth of our baby in UK? Will our baby be benefited in any way for being born in UK? Please advise. Many thanks. - Tanya
+1CR001 wrote:And given that you have been asking the same question over and over since 30 July 2015 and been given the same advice over and over, you have had more than enough time and opportunity to make arrangements and leave the UK given your circumstances.by tanya27 » Thu Jul 30, 2015 9:41 am
Hi, I've come from India with my husband. I got enrolled in an university and my visa expires on February 2016. Now I'm pregnant and due date is 30 January 2016. Please advise if I will be allowed to extend my visa after my delivery, at least for 6 months. We're planning to settle down as well after some time. Will we be allowed to make an application based on the birth of our baby in UK? Will our baby be benefited in any way for being born in UK? Please advise. Many thanks. - Tanya
You like it here, great, so do thousands of people trying to get into the UK. A baby born in the UK affords you no rights, this has been explained already. The baby will be an Indian citizen only.tanya27 wrote:Actually, we would like to extend our stay in UK as we feel we will have a better life here. I would like to know if a solicitor can be of help extending our stay quoting birth of my baby in UK. If I go then it'd be tedious for us to apply for visa again and come to UK. We somehow like to extend stay. Please advise.
No, you won't be permitted to stay 6-8 months. You can fly within a fortnight or so of giving birth, unless there are serious complications!tanya27 wrote:Hi everyone, as my baby is due on 26 Jan, we would like to stay at least for 6 months in UK to regain health. But my visa, as stamped in my passport, expires on 26 Feb. And now we've received visa curtailment letter from Home Office asking us to leave UK by 31 Jan. No support from Univ as well. At this stage, we would like to know if we will be permitted to say at least 6-8 months in UK after delivering our baby. Will we be considered illegal if we stay beyond 31 Jan as per HO letter?
No, you can't realistically defend your stay on that basis. You've known for approximately 8 months that you were due to give birth a month after your visa ran out, and you are supposed to take responsibility yourself, in law, for that baby's identity documents, etc. This is a situation you've entirely brought upon yourself.tanya27 wrote: All these recovery and passport processes itself will take at least a couple of months after I deliver my baby. But visa curtailment date is 31 Jan. If you say we would be illegal after 31 Jan, we can defend our stay based on my health and for getting passport for baby, right? Will a letter from GP be enough to support our stay here? And regarding NHS charges, how do NHS know of my visa curtailment, unless and until I inform them?
+1 and to add that any unpaid NHS amount will be a hindrance and possible refusal for any future visa applications you make (visitor, student, work, etc) as UKVI check this information.avjones wrote:No, you can't realistically defend your stay on that basis. You've known for approximately 8 months that you were due to give birth a month after your visa ran out, and you are supposed to take responsibility yourself, in law, for that baby's identity documents, etc. This is a situation you've entirely brought upon yourself.tanya27 wrote: All these recovery and passport processes itself will take at least a couple of months after I deliver my baby. But visa curtailment date is 31 Jan. If you say we would be illegal after 31 Jan, we can defend our stay based on my health and for getting passport for baby, right? Will a letter from GP be enough to support our stay here? And regarding NHS charges, how do NHS know of my visa curtailment, unless and until I inform them?
If you are asking about how to avoid paying NHS charges that you owe, I don't think this forum will be much help.
The UK no longer rely on people telling them when they must pay for use of their NHS. UKVI now has access to the NHS records and also use the NHS's Spine computer system to tell the NHS staff who must now be billed and who can have free treatment.tanya27 wrote: And regarding NHS charges, how do NHS know of my visa curtailment, unless and until I inform them?
tanya27 wrote:Hi everyone, many thanks for your valuable comments. I agree with your views and this is a situation we've brought upon ourselves. And I'm not using this forum to find a way to evade paying NHS fees (many thanks for Petal for clearly saying how we will be charged for NHS services) if we happen to pay or to extend our stay using false reasons. I respect this country and the law. But I'm trying to figure out what would happen as the days fall neck to neck. I mean, my delivery date (26 Jan) and visa curtailment date (31 Jan). I'm in good health now, so we possibly expect a normal delivery and I should be fine after few days. As in one of the comments, I think we will be having 28 days to leave UK after my visa curtailed date (31 Jan), right? During the 28-day stay, will we not be termed illegal? Within 28 days, we should get our baby's passport, right?